S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1704
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by M. of A. SIMON, HYNDMAN -- Multi-Sponsored by -- M. of A.
   COLTON, COOK, DICKENS, DILAN, EPSTEIN, GLICK, JEAN-PIERRE, MAGNARELLI,
   SAYEGH, STECK, STIRPE -- read once and referred to  the  Committee  on
   Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   consumer contract provisions waiving  the  consumer's  right  to  make
   statements concerning goods or services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 398-g to read as follows:
   § 398-G. PROVISIONS WAIVING THE CONSUMER'S RIGHT  TO  MAKE  STATEMENTS
 CONCERNING  GOODS OR SERVICES IN CONSUMER CONTRACTS PROHIBITED. 1. (A) A
 CONTRACT OR PROPOSED CONTRACT FOR THE SALE OR LEASE OF CONSUMER GOODS OR
 SERVICES SHALL NOT INCLUDE A PROVISION WAIVING THE CONSUMER'S  RIGHT  TO
 MAKE  ANY  STATEMENT  REGARDING THE SELLER OR LESSOR OR ITS EMPLOYEES OR
 AGENTS, OR CONCERNING THE GOODS OR SERVICES.
   (B) IT SHALL BE UNLAWFUL TO THREATEN OR TO SEEK TO ENFORCE A PROVISION
 MADE UNLAWFUL UNDER THIS SECTION, OR TO OTHERWISE  PENALIZE  A  CONSUMER
 FOR MAKING ANY STATEMENT PROTECTED UNDER THIS SECTION.
   2.  ANY WAIVER OF THE PROVISIONS OF THIS SECTION IS CONTRARY TO PUBLIC
 POLICY, AND IS VOID AND UNENFORCEABLE.
   3. ANY PERSON WHO VIOLATES THIS SECTION SHALL BE SUBJECT  TO  A  CIVIL
 PENALTY  NOT  TO  EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR THE FIRST
 VIOLATION, AND FIVE THOUSAND DOLLARS FOR THE SECOND AND FOR EACH  SUBSE-
 QUENT  VIOLATION, TO BE ASSESSED AND COLLECTED IN A CIVIL ACTION BROUGHT
 BY THE CONSUMER, BY THE ATTORNEY GENERAL, OR BY THE DISTRICT ATTORNEY OR
 CITY ATTORNEY OF THE COUNTY OR CITY IN  WHICH  THE  VIOLATION  OCCURRED.
 WHEN  COLLECTED,  THE CIVIL PENALTY SHALL BE PAYABLE, AS APPROPRIATE, TO
 THE CONSUMER OR TO THE GENERAL FUND  OF  WHICHEVER  GOVERNMENTAL  ENTITY
 BROUGHT THE ACTION TO ASSESS THE CIVIL PENALTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02636-01-3
              

 A. 1704                             2
 
   4.  IN  ADDITION, FOR A WILLFUL, INTENTIONAL, OR RECKLESS VIOLATION OF
 THIS SECTION, A CONSUMER, THE ATTORNEY GENERAL, OR THE DISTRICT ATTORNEY
 OR CITY ATTORNEY OF THE COUNTY OR CITY IN WHICH THE  VIOLATION  OCCURRED
 MAY RECOVER A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS.
   5.  THE  PENALTY  PROVIDED BY THIS SECTION IS NOT AN EXCLUSIVE REMEDY,
 AND DOES NOT AFFECT ANY OTHER RELIEF OR REMEDY  PROVIDED  BY  LAW.  THIS
 SECTION SHALL NOT BE CONSTRUED TO PROHIBIT OR LIMIT A PERSON OR BUSINESS
 THAT HOSTS ONLINE CONSUMER REVIEWS OR COMMENTS FROM REMOVING A STATEMENT
 THAT IS OTHERWISE LAWFUL TO REMOVE.
   § 2. This act shall take effect immediately.